EB-2 NIWAgriculture and foodIndividualDecided 2023Sustained
Outcome: Sustained
JUL252023_04B5203
Merit and national importanceMetWell positionedMetBalance favors a waiverMet
Our summary
A postdoctoral researcher with a Ph.D. in horticulture sought an EB-2 national interest waiver to conduct research on HLB-resistant citrus. The Director found the endeavor had substantial merit and national importance but concluded she was not well positioned and the waiver would not benefit the U.S. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied based on her expertise, documented successes, and significant horticultural and economic benefits.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Director agreed; postdoctoral researcher in horticulture with substantial merit and national importance in HLB-resistant citrus development.
- Well positioned · Ph.D. in horticulture sciences with considerable experience and expertise in citrus research; AAO agreed she is well positioned.
- Balance favors a waiver · Documented past successes and significant potential benefits to Florida citrus industry outweigh availability of qualified U.S. workers.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Director agreed; postdoctoral researcher in horticulture with substantial merit and national importance in HLB-resistant citrus development. |
 Well positioned | Met | Ph.D. in horticulture sciences with considerable experience and expertise in citrus research; AAO agreed she is well positioned. |
 Balance favors a waiver | Met | Documented past successes and significant potential benefits to Florida citrus industry outweigh availability of qualified U.S. workers. |
A published decision describes one case. It is not legal advice and not a prediction for yours.